Change of the sanction for detention on bail of a preventive measure in the form of custody

On January 21, 2022, the judicial board for criminal cases of the Almaty city court at an open court session through the video conference-communication Messenger "Whatsapp" and the AVF, the specialized inter-district investigative Court of Almaty on January 11, 2022 examined the legality and validity of the decision received with complaints from lawyers, the legality and validity of the decision, which authorized the detention of suspected CBD. In connection with the announcement of a state of emergency in Almaty with the president of the Republic of Kazakhstan, despite the declaration of a state of emergency in Almaty, the suspect B. K. and persons not identified by the investigation conspired, formed a group of people, deliberately, with selfish motives, illegally entered the PANDORA store located near the Travel Bus Station in Almaty, found a carob in the drawer of the table, which was inside the store the giant, when opening the carob, 2 pieces of gold bracelet cost 50,000 tenge each, 100,000 tenge total, 8 pieces of silver bracelet 20,000 tenge each, 160,000 tenge total, 5 pieces of gold necklace on the neck cost 120,000 tenge each total cost 600,000 tenge, 2 pieces of watches one for girls cost 80,000 tenge, and the other for men cost 70,000 tenge and 3 pieces of iron bracelet cost 10,000 tenge each he secretly embezzled valuables worth 30,000 tenge. As a result, the suspected BK and persons not identified by the investigation caused material damage in the amount of 1,040,000 tenge by their committed criminal offense. According to this incident, SDTBT No. 227500031000.... registered with the number. On January 9, 2022, on suspicion of committing the above crime, BK was detained in accordance with Article 131 of the CPC and arrested in the UIs of Almaty. On January 10, 2022, the actions of BK are differentiated by paragraph 3 of Part 3 of Article 188 of the criminal code. On the same day, the appeal of the investigator of the PD of Almaty Dosanov A. K. on the application of a preventive measure in the form of detention for a period of two months against the suspect was agreed with the Deputy Prosecutor of Almaty N. Afghanbayev, the material was submitted to the court on January 11, 2022. On January 11, 2022, the Specialized Interdistrict investigative Court of Almaty issued a restraining order in the form of custody for a period of two months against the suspect B. D. K. In a personal complaint, the defense lawyer considered the preventive measure in the form of custody applied to the suspect to be strict, and the criminal prosecution body did not provide data that the suspect may be released from the investigation or court while he is free, and asked to determine the amount of the pledge, taking into account the presence of a place of residence in Almaty, or apply a preventive measure. At the court session, the defense lawyers G. Sarzhanov heard the words in support of personal complaints, the prosecutor A. Adyrbekov asked to leave the decision of the investigative court unchanged, studied the case materials, and the judge of the board considered that the decision of the investigative court is subject to change due to the following circumstances. The investigating Court, having established the circumstances of the case, finds it the right decision to sanction custody in relation to the suspect B. D. K. The investigating court based on the severity of the crime committed by the suspect, considering that he hides from the criminal prosecution authorities or the court, or interferes with an objective investigation or discussion of the case in court, applying a preventive measure in the form of detention in relation to the suspect B. D. K. However, when resolving the petition for the application of a preventive measure in the form of detention of a suspect B. D. K. by the investigative court, the norm of the Criminal Procedure Law was not applied in full.

Change of the sanction for detention on bail of a preventive measure in the form of custody

In accordance with Part 8 of Article 148 of the Criminal Procedure Code of the Republic of Kazakhstan, when issuing a decision on sanctioning a preventive measure in the form of detention with the exception of cases of particularly serious crimes, the investigating judge is obliged to determine the amount of bail sufficient to ensure the performance of the duties provided for in part three of Article 140 of this code by the suspect, accused in cases other than those provided for in part nine of this article. On the part of the pre-trial investigation bodies, there are no clear sufficient grounds to believe that the suspect is hiding from the criminal prosecution authorities or the court, or interferes with an objective investigation or discussion of the case in court. As it is established in the case documents, there is no information about the identity of the suspect B. D. K., has an address of residence in the territory of the Republic of Kazakhstan, has no judicial presence, the place of material damage caused to the victim has been filled, the suspect has a desire to hide from the investigation or court, evade. In accordance with Part 2 of Article 138 of the CPC, if there are no grounds listed in Article 136 of this code, the severity of the crime committed may not be the only basis for choosing a preventive measure in the form of custody. Therefore, the judicial board, on the basis of Part 8 of Article 148 of the CPC, comes to the conclusion that it is necessary to establish a type of guarantee in the amount of 1000 times the monthly calculation index as a guarantee in relation to the suspect BDK. In such cases, the judicial board considers that the resolution part of the decision of the investigative court on the suspect B. D. K is subject to supplementation. Guided by paragraph 1 of the seventh part of Article 107 of the Criminal Procedure Code of the Republic of Kazakhstan, the judge of the collegium k a U L Y E T T I : the decision of the Specialized Interdistrict investigative Court of Almaty on January 11, 2022 to sanction the detention of suspected BDK is left unchanged. The resolution part of the resolution adds the suspect B. D. K. determines the amount of the pledge in the amount of 1000 (one thousand) times the monthly calculation Index or other property equivalent to this amount as a type of guarantee. To release the suspect B. D. K. from custody after the actual introduction of bail. After the suspect was released from custody, the investigator issued a sentence to oblige him to carry out bail duties and clarification of the consequences of their non-fulfillment.

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